Well, it is not a crime. But it certainly is a tort. One thing sure, some lawyers are going to make out.

Common sense would say that they took the guys roof off, and have an absolute obligation to make it right. They are arguing that they took off a 20 year old roof, and will have to replace it with a brand new roof. Kind of like saying that if someone dents your fender, they should only have to put back an old, worn fender.